...Essay#1: The Effects of Probation and Imprisonment on Criminal Justice The philosophy of restorative justice and the reform concept of sentencing alternatives to imprisonment have well become the established practice in many courtrooms. With the achieved high level of recognition, many policymakers tend to actively perform the community-based and productive sentencing policies instead of the crime policies that are punitive and individualistic in nature. This article is going to examine the actual negative social impacts on incarceration and the accompanying sense of intractable social consequences as the evidence to argue that incarceration is less effective than other social intervention in producing the outcomes of public safety and the reductions in crime. In the case of Dan and Lindsay Smith, if the judge assigns the accused to probation rather than imprisonment, the accused can receive a suspended sentence to remain in the community under supervision as well as experiencing various amounts of social benefits both for individual and the state(Mauer, 2005, p. 607). Such community correctional sentence can provide a chance for the convicted persons to test their ability and fulfill the legal and moral standards without diminishing their social integrity and disfigurement. Probation has been developed as a community-based correctional sanction to reduce the probationers’ recidivism level through the community notification orders and community participation process...
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...Washington, D.C., Kahan launched his teaching career, first at the University of Chicago Law School and later at Yale Law School, where since 2003 he has been the Elizabeth K. Dollard Professor of Law. His teaching and research interests include criminal law, risk perception, punishment, and evidence. Kahan, who has written widely in legal journals on current social issues including gun control, is coauthor, with Tracey Meares, of Urgent Times: Policing and Rights in Inner-City Communities (1999). From 2005 to 2006, he was deputy dean of Yale Law School. In the following essay, first published in the Boston Globe on August 5, 2001, Kahan argues in favor of the use of shame as a punishment that is “an effective, cheap, and humane alternative to imprisonment.” Shame Is Worth a Try Is shame an appropriate criminal punishment? Many courts and legislators around the country think so. Steal from your employer in Wisconsin and you might be ordered to wear a sandwich board proclaiming your offense. Drive drunk in Florida or Texas and you might be required to place a conspicuous “DUI” bumper sticker on your car. Refuse to make your child-support payments in Virginia and you will find that your vehicle has been immobilized with an appropriately colored boot (pink if the abandoned child is a girl, blue if a boy). Many experts, however, are skeptical of these new shaming punishments. Some question their effectiveness as a deterrent....
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...Running head: ALTERNATIVE SOLUTIONS TO INCARCERATION Alternative Solutions to Incarceration Meral Daniel Southern New Hampshire University Alternative Solutions to Incarceration Incarceration is the result after a crime is committed by an individual and has a number of objectives. Primarily, it is intended to keep persons who have committed a crime under secure control and to punish them by depriving them of their liberty. Imprisonment keeps them from committing further crimes while they are incarcerated “and, in theory, allows them to be rehabilitated during their period of imprisonment. The goal of rehabilitation is to address the underlying factors that led to criminal behavior and by so doing, reducing the likelihood of re-offending. However, it is precisely this objective that is generally not being met by imprisonment. On the contrary, evidence shows that prisons not only rarely rehabilitate, but they tend to further criminalize individuals, leading to re-offending and a cycle of release and imprisonment, which does nothing to reduce overcrowding in prisons or to build safer communities.” (United Nations, 2006) One effective alternative to incarceration is the use of GPS monitoring and it is becoming an increasingly important topic of consideration by state rehabilitation and correction agencies. Location tracking systems, such as GPS, have customarily been used solely to track higher-risk offenders. However...
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...Differentiating Reasoning CRT 205 August 21, 2011 Article #1: "Homeschoolers Deserve Equal Access to Extracurricular Activities." In this article I believe that the author used a deductive argument. The issue described pertains to the population of home schooled children in the state of Alabama having the right to participate in interscholastic extracurricular activities. The author argues several points that lead to the same conclusion; that homeschoolers have the same right to join extracurricular sports in the community as public or private school children. “Interscholastic extracurricular activities are an important complement to the academic curriculum. Participation in a comprehensive extracurricular and academic program contributes to student development of the social and intellectual skills necessary to become a well-rounded adult.” “Public schools do not "own" competitive athletics; they belong to the students, their families, and the residents of Alabama.” Several valid premises are made through this argument that I believe make it deductive. “A homeschooled student is a student just the same as a public or private schooled student and therefore deserves equal and fair treatment, especially by the state sponsored educational establishment. This should apply to athletics as well as academics.” Another point that was made, that I find to be a little disturbing, is the premise that an illegal immigrant can enroll a child into our public school...
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...detrimental to | |him if he is locked up longer than a short period of time. This is mainly due to him having the mental capacity of a 10yr due to | |because of his imprisonment in Somalia. | | | | | |What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important | |potential economic, social, or political pressures, and exclude inconsequential facts. | | | |The husband was convicted and found guilty .During presentencing investigation the probation officer discovers that the husband had| |served in the U.S. military in Somalia. In which his job entailed gruesome duties which led to him suffering from from | |post-traumatic stress disorder and that has regressed him to the level of a 10-year-old because of his imprisonment in Somalia. And| |In the opinion of his treating psychiatrists, any prolonged...
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...Alyssa Anderson PLS 300 (2): Introduction to Law and Civil Procedure Eilers v. Coy 2 F. Supp. 1093 (D. Minn. 1984) MEMORANDUM AND ORDER MacLAUGHLIN, District Judge. The plaintiff in this case, William Eilers, has moved the Court to enter a directed verdict against the defendants on his claims that the defendants falsely imprisoned him. The evidence in this case has established the following facts. The plaintiff William Eilers was abducted from outside a clinic in Winona, MN in the early afternoon of Monday, August 16, 1982 by his parents and relatives and by the defendant deprogrammers who had been hired by the parents of the plaintiff. The plaintiff was 24 years old. At the time of the abduction, Bill Eilers was a member of the religious group Disciples of the Lord Jesus Christ. There is ample evidence that this group is an authoritarian religious fellowship directed with an iron hand by Brother Rama Behera. There is also evidence that Bill Eilers’ personality, and to some extent his appearance, changed substantially after he became a member of the group. These changes were clearly of great concern to members of the plaintiff’s family. However, other than as they may have affected the intent of the parents (in the actions they took), the beliefs and practices of the Disciples of the Lord Jesus Christ should not be, and are not, on trial on this case. While leaving the Winona Clinic on August 16, 1982 the plaintiff (who was on crutches at the time due...
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...DEATH PENALTY FOR DRUG TRAFFICKING SHOULD BE ABOLISHED General Purpose : To inform Specific Purpose : To inform my audience about why death penalty should be abolished Organisational Pattern : Topical Order Central Idea : Drug trafficking is indeed detrimental but it should be abolished because there’s a better alternative to it INTRODUCTION I. A lady folded her new clothes and placed them neatly at the head of her bed. Then, she made a green bean soup while placing her Mcdonald’s burger on the stool. She didn’t eat that night. Instead, she spent the night talking to her friends and singing religious songs. That was how Donggui, a lady from China spent her night before undergoing a death penalty the next day II. Drug trafficking is indeed a heinous crime to commit but it would be unfair to subject the traffickers to a death penalty because there’s a better alternative to it III. I have made a thorough research on drug trafficking and the impact of the imposition of death penalties IV. For this topic, I will elaborate on what drug trafficking is, why death penalty should be abolished and what’s a better alternative to death penalty (Transition : Let me begin with enlightening you with what drug trafficking is) BODY I. What is drug trafficking? A. According to section 2 of the Dangerous Drugs Act 1952, drug trafficking is the cultivation, manufacture, distribution and sale of any dangerous drug without any authority 1. The laws relating...
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... Religion, morals, values, and emotions are four of the philosophical reasons for sentencing criminals. Back in history judges were expected to be harsh on people that committed crimes. Capital punishment, torture, and painful physical penalties were the verdicts to criminals. Criminals were thought to have evil within them. That is why punishment was so harsh to have the evil removed from them. In today’s courts sentencing and punishments are a lot less harsh than they were back in history. Today we have fines, probation, and imprisonment to deter criminals from committing crimes. There are many things that are different but the one punishment that is the same is capital punishment. If you took the life of someone today or back then your sentence was and still is death. Although sentencing is different criminals still do not like the consequences. There are six forms of punishment. They are fines, probation, imprisonment, restoration, alternative punishment, and death. Fines are one of the oldest forms of punishment. Fines can favor the wealthy and discriminate against the poor. Fines are the mildest form of punishment. In many cases fines are added to criminal’s sentences. Generally fines are associated with mild arrest such as traffic fines, speeding tickets, and fines for driving under the influence. Probation is a punishment that allows criminals to remain at home to serve their sentence. In some instances they may have to have a job or go to counseling. There will be...
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...operation of institutional and community based correction. As part of the evaluation I will identify and analyze current and future issues facing prisons and prison administrators today. I will also identify and analyze the role/issue of alternate correction systems as a developing trend. Trends within the criminal justice system continue to influence the development and operations of institutions and community-based corrections. As mandatory sentencing laws can cause an increase in prison population, prison administrators face a daunting task in addressing the issues that overpopulation causes. “Apart from the highest priority of addressing prison population growth, prison managers are often confronted with an array of issues relating to imprisonment practices and their consequences” (Greenfeld, Beck, & Gillard, 1996, p.9). Development and Operations of Institutions The development and operations of institutions appears to operate around two opposing philosophies if punishment versus rehabilitation. The evolution of the development of corrections past, present and future has seen many changes throughout the inception of prisons. In the past the trends for prisons were solitary confinement with little concern for the rehabilitation of inmates. The well-being of the inmate was not a major concern. After all they got what they deserved, right? Society wanted criminals to be punished for his or her crimes. Societal views on crime and criminal behaviors shape the structuring of...
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...Introduction Alternative sentencing is also referred to as non-custodial sentence or community sentence. It is a term used in criminal justice to refer to all alternative ways used by courts to punish defendants who have been convicted of breaching the law, other than using a capital punishment or custodial sentence. The adoption of alternative sentencing helps the offender to avoid consequences associated with imprisonment such as revolving door syndrome. Furthermore, it helps to reduce crowding in prisons as well as reduce the cost of imprisonment. In United States, those offenders who commit minor offences receive alternative sentencing such as curfew, unpaid work, rehabilitation, apologies to the victim, and house arrest among others. Therefore, this paper will examine the administration of the courts when addressing sentence alternatives in the United States....
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...Current Event – Role of Special Interest Groups Paper AJS 552 Week 4 The Death Penalty - Public Safety vs. Individual Rights Introduction This paper will focus on the criminal justice system, public safety and civil rights in specific relation to the death penalty as a form of punishment and its effects on society. The execution of criminals and the effects on society are most intriguing and can be debated upon both for and against the issue give a thorough elaboration on criminal executions and the effects on society. In this day and age, research not only illustrates that the death penalty is complex, in more ways than one, but has also raised questions about its relations to deterring crime and the financial impact it has on society. Using current and historical information, such as articles and scholarly articles, to support why this research is important and possible methods society could use to help improve this controversial debate. Summary The Orange County register printed an article on the death penalty and possibly being considered as immoral. “While the commission drops the dime on the mind-numbing cost of administering the death penalty, it barely hints at the moral and ethical depravity of the practice” (Mears, 2008). The article states that there are racial and socioeconomic bias towards the death penalty and how this can and may lead to a cause for concern among citizens. This seems to initiate that in most cases the targets of race are African...
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... Tables Of Contents 1.0 INTRODUCTION 1.1 Drug Laws 2.0 DISCUSSION 2.1 Global Overview on the Status of the Death Penalty for Drug Offences 2.2 The Pros of Death Penalty 2.2.1 Precedent Server 2.2.2 Just Punishment 2.2.3 Society Safety Concerns 2.2.4 Excess Sympathy 2.3 The Cons Of Death Penalty 2.3.1 Wrong Convictions 2.3.2 Costs 2.3.3 Deterrence 2.3.4 Rehabilitation 2.4 Religious Views On Death Penalty 2.4.1 Buddhism 2.4.2 Hinduism 2.4.3 Christianity 2.4.4 Islam 3.0 SUGGESTION TO REPLACE DEATH PENALTY 3.1 Life Imprisonment 3.2 Prison with Parole 3.3 Rehabilitation or Reformatories 3.4 Community Service Orders 4.0 SUMMARY REFERENCE 1.0 INTRODUCTION Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people. The adjudication of the law is generally divided into...
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...The criminal sanctions (Punishments) Prof. Dr. Ayman Elzeiny A - Introduction : "Punishment, "is a concept; criminal punishment is a legal fact." At the heart of all attempts to handle offenders are systematic images of human life and culture, including knowledge, beliefs, and attitudes regarding the human condition and the meanings, purposes, and ethical foundation and rationale of punishment. These ideologies or philosophical approaches provide explanations for the past behavior of the offender, guidelines as to what ought to be done with or to him, and bases for predicting his future after return to the free world. A sentence is an authorized judicial decision that places some degree of penalty on a guilty person. The responsibility for administering this judicial decision is placed with corrections. (1) If we take a historical and global view, the philosophy of punishment has been embodied in four major theoretical positions: vengeance, deterrence, rehabilitation ,and prevention. These positions overlap and intertwine with each other, but a degree of evolution is also evident. The comments made below on these four positions must be understood simply as broad generalizations. ___________________ (1) Gregory Zilboorg, M.D., The Psychology of the Criminal Act and Punishment, Greenwood Press, New York, 1968 , p. 97. - Ernest van den Haag, Punishing Criminals ,New York: Basic Books, Inc., Publishers, U.S.A, 1975 , pp. 14-15. When punishment is justified...
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...to that of long term imprisonment. The article begins by detailing the context of the study through highlighting the declining support for the deterrence hypothesis, due in large part to flawed empirical research. Radelet and Lacock offer a brief history of studies on...
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...Running Head: OVERCROWDING OF PRISONS 1 Overcrowding of Prisons Don Bailey SOC 305 Crime & Society Ekaterina Gorislavsky 25 May, 2015 - 1 - [no notes on this page] Running Head: OVERCROWDING OF PRISONS 2 Abstract The correctional institutions are established to correct the behaviors by law breakers. Society believes that once an individual comes out of the correctional facility, he is a reformed person. In addition, these facilities are always expected to warn the law abiding citizens to deter them from committing a crime for fear of being in the correctional cells. However, the population in the correction facilities especially prisons is contrary to this expectation. Over time, there is increased number of offenders. This comprises of the new offenders and the repeat offenders. This causes overcrowding in the correctional facilities which is a challenge to the society. The focus of this problem is the social effect of overcrowding to the judicial system and ways of addressing the challenge. Overcrowding in correctional institutions Crime is punishable for three reasons namely retribution, prevention and deterrence. The main purpose of incarcerating offenders is to stop them from repeating previous crimes they committed. Appraising the current American system using these standards, the deterrence category has failed miserably, insufficient in prevention and providing unsatisfactory retribution through detention. Attempts to deter released criminals...
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